Constructive dismissal?

Question

A year ago my employer agreed that I could work from home 3 days a week and come to work 2 days a week - I'm a software engineer and don't need to be in the office every day. Because of this, I told them that I would be moving 40 miles away so my wife would be closer to work and the net result would be less commuting overall between the two of us. That agreement was not written down anywhere but the company were in full understanding that this agreement allowed me to move away.

Now, a year later, my employer wants me to work at the office 5 days a week, which would involve me driving for 12 hours a week in normal traffic conditions. This is also at a time when my wife is heavily pregnant and is relying on me more and more. The extra commute is effectively taking me out of my home for an additional 7 hours a week, plus fuel costs.

This, and a few other more minor issues, are enough to make me want to leave. Is there any possibility that this is grounds for constructive dismissal?

Answer 1

Possibly, but this really is something you should be consulting a lawyer on. I will only tell you that from my own experience, it's far better to take on an employer while you're still in the job, because if you leave it weakens your case - unless you really have absolutely no choice.

Also speaking as a barrack room lawyer, the fact that you have no written agreement also appears to make your case shaky.

However, the above notwithstanding (see, I can use legal language like a lawyer!!) if you're in the UK and once the baby is born, you might have a case under a European law which stipulates that parents of children under six have the right to request flexible hours if this won't harm their employers' business. In my case, it didn't get to court - my employer's lawyers told them to give in after I took them to the appeal stage. It really depends on whether your employer can make a good case that you keeping the old hours will harm them.

If you're not in the UK I can only suggest again that you see a lawyer. Good luck!